THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10599 OF 2024

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash the proceedings in F.I.R.No.502 of 2024 of Shadnagar Police Station. The offences alleged against the petitioner are for the offences punishable under sections 304-A, 338, 337, 336 and 287 of Indian Penal Code (for short ‘I.P.C.’).

2. The facts of the case are that on 28.06.2024 the complainant lodged a report before the police stating that he is working as Naib Tahsildar of Farooqnagar from 07.11.2022. On 28.06.2024 at about 1630 hours he received an information that an explosion took place in South Glass factory, and the same was informed to his higher officials, thereafter rushed to the spot at about 1700 hours and upon enquiry it was revealed that one machinery known as Autoclave blasted due to which three persons died on the spot who were working on that machinery, 12 workers got injured out of them two persons died and the other ten persons are undergoing treatment. As such requested to take necessary action. Basing on the said complaint the police originally registered the case for the offences under Sections 304-A, 338, 337, 336 and 287 of I.P.C. Later police filed memo for alteration of sections stating that during investigation they examined the witnesses and recorded their statements and notice under Section 41-A of Cr.P.C, was issued to A.1 to A.7. That the police received report from the Deputy Chief Inspector of Factories stating that Autoclave was not tested by competent person approved by Director of Factories, Telangana to ensure its structural strength. The Autoclave was not tested Hydro statically by the Directors of Factories once in a year to ensure its structural strength, not ensured the functioning of safety relief valve to release excess pressure above predetermined safe limit in the Autoclave, not provided automatic cut off valve from Air receive to Autoclave to ensure cut off the pressure below predetermined safe limits in the Autoclave, Workers not trained adequately to ensure safe operation of Autoclave, not provided adequate supervision over the Autoclave workers to prevent built up of excessive pressure in Autoclave. That their investigation revealed that the deceased D.1 to D.5 along with others were working in South Glass factory unit and the said Autoclave was blasted due to which five workers succumbed to injuries, ten persons sustained severe injuries. That A.1 to A.5 who are the Directors/Management of South Glass Factory and A.6 and A.7 did not take precautionary measures and as per the information given by the Deputy Chief Inspector of Factories, the section of law has to be altered from Section 304-A to 304 Part-II of I.P.C. to the existing sections i.e., 304-A, 338, 337, 336 and 287 of I.P.C. and added Section 92 of the Factories Act. Aggrieved by the said alteration of Sections, the present criminal petition is filed.

3. Heard Sri T.Natraj, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent No.1.

4. The contention of learned counsel for the petitioner is that the petitioner company is engaged in the business of manufacturing and supplying of a commendable range of Architectural glass and also running a factory in Shadnagar which is registered under the Factories Act, 1948 (for short ‘Act 1948’). The present proceedings arise out of a complaint lodged by respondent No.2. Originally complaint was filed vide F.I.R.No.502 of 2024 for the offences punishable under section 304-A, 338, 337, 336 and 287, later the police filed alteration memo. He further submitted that the petitioner company is in compliance of statutory norms wherein the structural strength of the Autoclave machinery was regularly checked by third party approved in the list of inspectors in factories. Further, training sessions have been given to all the operators a